211970P.pdf   08/31/2022  Casey Voigt  v.  U.S. E.P.A.
   U.S. Court of Appeals Case No:  21-1970
   Petition for Review of an Order of the Environmental Protection Administration   
   [PUBLISHED] [Shepherd, Author, with Loken and Colloton, Circuit Judges] 
   Petition for Review - Clean Air Act. Local property owners challenge the 
   EPA's decision to renew the Clean Air Act Title V operating permit for 
   Coyote Station, a lignite coal-fired electric generating plant serviced by 
   the nearby Coyote Creek Mine near Zap, North Dakota. The property owners 
   argued to the agency that the power plant's submission was not complete 
   because the mine and its emissions were not included in the permit and 
   that the mine and the power plant should be considered a single source for 
   purposes of a Title V permit; the agency administrator rejected the 
   challenge because plaintiffs had failed to meet their burden of 
   demonstrating that the mine and plant were a single source and thus failed 
   to demonstrate that the proposed permit did not comply with the Clean Air 
   Act; the agency's interpretation of the word "demonstrate" as it is used 
   in 42 U.S.C. Sec. 7661d(b)(2) is entitled to deference; the agency 
   administrator did not act arbitrarily or capriciously in denying the 
   property owners' petition. Judge Colloton, dissenting.